Should Your Startup Register Software Copyrights?

If you're leading a high-tech startup, your source code is likely among your most valuable assets. Based on instinct or suggestions from investors or others, many founders often wonder whether to register claims of copyright in their software with the U.S. Copyright Office. While copyright protection arises automatically upon the creation of software, and the registration process can seem arcane and bureaucratic, relying on automatic versus registered protection is vastly different when disputes arise.

Key Benefits of Registration in Disputes

Without registration, you cannot file a federal lawsuit for copyright infringement. Even if a competitor has blatantly copied your code, a registration certificate (or a refusal to register) is the ticket for admission through the courthouse doors. Significantly, if you register before infringement occurs, or within three months of the software's first publication, in a dispute, you can demand statutory damages (up to $150,000